Orange County Zoning Division BCC APPEAL PUBLIC HEARING ON BZA #ZM-15 -02 -107 APPLICANT/APPELLANT: PAUL CHIPOK, ESQ. , AGENT FOR MAC MEDIA OUTDOOR LLC June 30, 2015 (Continued from April 21, 2015)
Background CASE #: ZM-15 -02 -107 APPLICANT: Paul Chipok, Esq. , Agent for Mac Media Outdoor LLC REQUEST: Appeal of the Zoning Manager’s determination to rescind 2 billboard permits issued on October 15, 2013 and October 17, 2013 for the following reasons: 1) The billboards were permitted within unincorporated railroad right-ofway that has no zoning designation. This right-of-way is bounded by properties within the City of Ocoee. Billboards are not permitted in railroad rights-of-way not adjacent to unincorporated property that permits billboards. 2) Neither billboard is located at least 500 ft. from the SR 429 off-ramp as required by Section 31. 5 -126(m) of the Orange County Code. ZONING: No zoning TRACT SIZE: 60 ft. x 500 ft. (part of a larger parcel) LOCATION: Approximately 1000 ft. south of the intersection of SR 429 and Franklin St. , within railroad right-of-way DISTRICT: #1 and #2
Location Map Existing Billboards
Billboard Locations with Permit #’s
Zoning Map
Section 31. 5 -126(m) § (m) A billboard located within five hundred (500) feet of any toll plaza of any limited access highway, which five hundred (500) feet shall be measured along the edge of pavement of the limited access highway, shall be setback at least five hundred (500) feet from the edge of the right-of-way of the limited access highway. A billboard located within the linear area beginning five hundred (500) feet from one (1) end of an interchange ramp of a limited access highway and ending five hundred (500) feet from the other end of the interchange ramp, which distance shall be measured along the edge of the pavement of the interchange ramp, limited access highway, and nonlimited access highway, shall be set back at least five hundred (500) feet from the edge of the right-of-way of the interchange ramp, limited access highway or non-limited access highway. See Exhibit “A” attached to Ord. No. 90 -10.
Billboard Restricted Map
Exhibit A- Ordinance No. 90 -10
BB Permit: B 13010966 “NA”
BB Permit: B 13010964 “NA”
Site Photograph Billboards
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Staff Findings and Analysis § Railroad R/W has no zoning § Railroad R/W is bounded by lands within City of Ocoee § It is standard practice to extend the adjoining zoning district to the R/W to determine uses permitted § City of Ocoee does not permit billboards § Neither billboard is located at least 500 ft. from the SR 429 off-ramp as req’d by Sec. 31. 5 -126(m) § Submitted applications noted “N/A” for measurements regarding the “linear feet from the beginning or end of interchange ramp” § For these reasons, zoning approvals for these billboards are rescinded
BZA Findings § The Zoning Manager’s determination was not in error § The applicant’s land use rights to the billboards never existed § It is standard practice to extend the adjoining zoning district to the R/W to determine uses permitted § City of Ocoee does not permit billboards § Neither billboard is located at least 500 ft. from the SR 429 off-ramp as required by Sec. 31. 5 -126(m)
BZA Recommendation: Uphold Zoning Manager’s determination of October 13, 2014 4 -2 vote
BCC Action Requested: Uphold Zoning Manager’s determination of October 13, 2014 consistent with the BZA’s recommendation
Orange County Zoning Division BCC APPEAL PUBLIC HEARING ON BZA #ZM-15 -02 -107 APPLICANT/APPELLANT: PAUL CHIPOK, ESQ. , AGENT FOR MAC MEDIA OUTDOOR LLC June 30, 2015 (Continued from April 21, 2015)
Zoning Manager’s Determination Letter
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